Petitioner sought bail in murder charge. Court granted bail after noting attritional delay not incumbent on petitioner and earlier observation allowing renewal if trial delayed beyond six months.
Petitioner granted bail on ₹10,000 with two sureties subject to cooperation conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51040 of 2023
Arising Out of PS. Case No.-70 Year-2019 Thana- KHAGAUL District- Patna
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SURENDRA PASWAN SON OF LATE GORAKH PASWAN RESIDENT OF VILLAGE- BIHTA, PS- SALIMPUR, DIST- PATNA
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Suraj Kumar For the Opposite Party/s : Mr.Pramod Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
3 01-09-2023
Heard learned counsel for the petitioner and learned
A.P.P. for the State.
Patna High Court CR. MISC. No.51040 of 2023(3) dt.01-09-2023 2/4
antecedent of one case. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that on 27.09.2022 the bail of the present petitioner has already been rejected by this Court vide Cr. Misc. No. 21129 of 2022 with an observation that if the trail is not concluded within six months from the date of receipt/production of copy of this order, the petitioner may renew his prayer for bail. He further submits that the present bail petition of the petitioner has been filed after eleven months from the date of earlier rejection of bail prayer of the petitioner. He further submits that on 25.03.2023 charge has been framed against the petitioner and not a single witness has been examined in the said case. He further submits that delay of trial is not attributable to the present petitioner as he is in custody since 21.05.2021.
Patna High Court CR. MISC. No.51040 of 2023(3) dt.01-09-2023 3/4
framed on 25.03.2023. It further reveals that not a single witness has been examined. The aforesaid report further reveals that the delay of trial is not attributable to the present petitioner as he is in custody since 21.05.2021.
(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.
(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move
Patna High Court CR. MISC. No.51040 of 2023(3) dt.01-09-2023 4/4
for cancellation of bail.
(Alok Kumar Pandey, J)
alok/-
U T
1 issue framed by the court
Whether the petitioner be released on bail after earlier rejection considering the length of custody and trial delay attributable to the State.
3 provisions across 2 enactments
Surendra Paswan
The State of Bihar
Allok Kumar Pandey
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
